Trust status would limit oversight

Sunday

Placing thousands of acres of Oneida Indian land into federal trust would give the Nation virtual free rein when it comes to land-use decisions, new construction and environmental matters.

Placing thousands of acres of Oneida Indian land into federal trust would give the Nation virtual free rein when it comes to land-use decisions, new construction and environmental matters.

The U.S. Department of the Interior’s final decision, which could come as soon as this week, would put as much as 13,000 acres of Nation land beyond the reach of state and local regulators. And it’s unclear to what extent federal agencies would be involved in overseeing matters such as proposed Nation development in wetlands areas.

The Nation says little would change from current circumstances, under which the Oneidas have built Turning Stone Resort and Casino and developed numerous other business enterprises since the early 1990s. It maintains its regulatory policies are equal to or more stringent than comparable state and local land-use measures.

Local officials, however, have many questions.

“Placing land into trust would allow any development to take place without regard to state environmental laws and regulations,” Oneida County Executive Anthony Picente said. “But it doesn’t set forth the Nations law’s and we don’t know what the laws will be in the future.”

THE ISSUE SO FAR
? In 2005, the Oneida Indian Nation applied to place 17,370 acres of its non-reservation land into federal Indian Trust.

? On Feb. 22, 2008, the U.S. Bureau of Indian Affairs recommended that 13,089 acres be placed in trust.

? A month-long period of public comment on the recommendation ended March 25. |What’s next?

? The U.S. Department of the Interior, which must make the final decision, may release its ruling any time after a public comment period is over.

? Local officials say they expect the decision by the end of April, which would be this week.
Questions that remain unanswered:

? How do Oneida Nation laws compare to those of the state and local governments?

? If the Oneidas were to build a shopping plaza, would they be subject to the rigorous U.S. Army Corps of Engineers review that held up New Hartford’s Consumer Square project for many years?

? What recourse would local residents or government agencies have if they opposed a Nation project or believed it unsound for some reason?

Parcels not contiguous
The Oneidas have sought since 2005 to put their land into trust, following a U.S. Supreme Court decision that year that stated one of its enterprises in Sherrill was subject to city oversight. The Bureau of Indian Affairs, part of the Interior Department, has been reviewing the matter.

In February, the agency issued a Final Environmental Impact Statement recommending that 13,000 acres be put into federal trust. That document acknowledges that the fact the parcels of land are not contiguous might cause some problems when it comes to governance and regional planning in western Oneida County and northeastern Madison County.

At the same time, however, the document states that there’s no point in comparing state and local laws and regulations with Oneida laws and regulations, since the Nation doesn’t have any immediate development plans.

“It is not necessary or appropriate to engage in side-by-side comparison or critique of the protectiveness of Federal/Nation laws versus New York State/local laws,” the federal document reads. “The Nation proposes no change in land use as part of its Trust Land Application. Thus there would be no direct environmental impacts that would result from a change in jurisdiction following the acquisition of land in trust.”

The Oneida Nation declined to give its thoughts on the future regulatory landscape once trust status is formally granted by the federal government. Nation officials pointed to portions of the Final Environmental Impact Statement and to earlier comments made by Nation general counsel Peter Carmen.

“The Nation has made clear that it will continue to negotiate toward a full fair and final resolution even after the Department of the Interior issues its final decision,” Carmen said in a recent interview.

Oneida County’s Picente said the legal and regulatory ambiguity of the situation requires such negotiations.

“What’s the assurance ultimately that we can give to the people of the county that enacting this will not have environmental consequences or other impacts?” he said. “That’s why the ultimate decision on land into trust needs to have an agreement attached to it, rather than just land in trust.”

‘Disney-like destination’
The Oneidas say they don’t have any immediate development plans, but Nation Representative Ray Halbritter has repeatedly suggested growing new businesses surrounding Turning Stone Resort and Casino.

“What many don't seem to realize is that the Oneida Indian Nation has the ability to create a Disney-like destination,” Halbritter said at a December 2006 land-into-trust hearing at the then-Stanley Theatre in Utica. “This area can have a world-class destination. Why limit that potential for success?”

The Nation’s enterprises have generated about 5,000 jobs, but its projects were constructed largely without going through state and local permitting processes.

David Vickers, president of the group Upstate Citizens for Equality, questioned the Nation’s claim that its regulatory structure is the same or better than local ones.

“There is no evidence, nor is any oversight mechanism in place, to help produce evidence to substantiate that oft-repeated claim,” he said.

Tribal-federal relationship
On trust lands, federal and tribal laws would form the basis of the legal and regulatory system, experts said,

The tribal-federal structure, however, is just the foundation for what one expert called an evolving relationship in which states, municipalities and tribes try to co-exist and to navigate new challenges in ways that work for both.

Local counties offer their view of how that might work.

“If the Oneidas were going to engage in some extraordinary activity that would impact the surrounding community, and particularly if it could impact various resources, for example water, they would consult with the state and local governments and the communities that would be affected,” said David Schraver, who is counsel to Madison and Oneida counties regarding Indian matters. “They have not always done that in the past, but you would hope they would do that.”

Tribes across the country have developed service agreements with surrounding municipalities on issues including law enforcement and firefighting, Bureau of Indian Affairs spokeswoman Nedra Darling said.

Even in other areas where land has been in trust for years, the discussions between tribal and non-Indian governments are ongoing.

“What would your favorite spin-meister say?” said Colgate University’s Director of Native American Studies Chris Vecsey. “It’s a work in progress, which makes everyone nervous. People want assurance, and it’s not so clear.”

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